Practical guide
Managing the second call of the meeting
The second call of a condominium meeting exists to unblock the deadlock that occurs when the first meeting fails to reach the legal quorum. Article 1136 of the Italian Civil Code sets lower quorums for the second call, but it does not relieve the property manager from respecting deadlines, notice formalities and correct minute keeping. Mistakes on these points expose resolutions to challenge within the legal deadlines. This guide explains when a second call applies, which majorities govern it, how the notice must be drafted, and what the minutes must contain, with attention to practices that reduce disputes among owners.
When a second call is needed
A second call takes place when the first meeting fails to reach the constitutive quorum required by article 1136, first paragraph: a majority of attendees representing at least half the value of the building. In such cases the meeting is considered not validly constituted and a new session must be held.
Article 1136, third paragraph, states that the second call cannot take place on the same day set for the first. In practice many by laws and property managers schedule the two sessions an hour apart, but this is not the literal solution set out by the rule after the 2012 reform of condominium law. It is advisable to check the condominium by laws, which may regulate the matter more specifically, and in any case to draft the notice carefully to avoid disputes.
Reduced quorums under article 1136
At the second call the constitutive quorum drops: attendance by owners representing at least one third of the building value and one third of the participants is sufficient. Deliberative quorums for ordinary matters are also reduced compared to the first call, requiring a majority of attendees representing at least one third of the building value.
However, some matters carry qualified majorities that do NOT decrease at the second call: significant or non essential innovations, works to remove architectural barriers in certain cases, changes to the intended use of common areas, and other cases listed under articles 1120 and 1136. For these resolutions the required majority must be checked article by article, because a quorum error is one of the most frequent grounds for challenging a resolution.
Notice of the meeting: content and deadlines
The notice must state the date, time and place of the first call and, where applicable, of the second call, together with a specific agenda. Article 66 of the implementing provisions of the Civil Code requires the notice to be sent at least five days before the date set for the first call, using a form that proves receipt, such as registered mail, certified email or hand delivery with signature.
It is good practice to include both calls in the same notice, avoiding a second mailing and reducing dead time when the first meeting fails to reach quorum. A generic or incomplete agenda is another recurring defect that can lead to the annulment of resolutions passed on points that were not clearly indicated.
The minutes of the second call
The minutes must state that the meeting is held at second call, record the opening time, list the attendees with their respective ownership shares, verify the constitutive quorum actually reached and, for each item on the agenda, record the outcome of the vote with the breakdown of votes in favor, against and abstentions.
It is advisable for the minutes to explicitly show the calculation of ownership shares used to verify both the constitutive and the deliberative quorum, making the regularity of the resolution transparent and verifiable in case of a later challenge by an absent or dissenting owner.
Tools to reduce errors
Manually managing notices, quorums and minutes on separate sheets increases the risk of errors, especially in buildings with many units or in complexes of multiple buildings where ownership shares are calculated on different bases depending on the matter. A management platform such as AmministraPro can support the property manager in preparing notices with both call dates, automatically calculating ownership shares to verify quorum, and structuring the minutes, while the legal assessment of the applicable majority for each resolution remains the property manager's responsibility.
Frequently asked questions
Can the second call be held on the same day as the first?
Article 1136, third paragraph, of the Italian Civil Code states that the second call cannot take place on the same day set for the first. This rule was introduced by the 2012 condominium reform to prevent meetings from becoming a formality held a few hours apart, without giving owners real time to organize. It is still worth checking the condominium by laws, which may set more specific timing rules.
Which quorums apply at the second call for ordinary resolutions?
For ordinary matters, at the second call it is enough for owners representing at least one third of the building value and one third of the participants to attend, with resolutions approved by a majority of attendees representing at least one third of the building value. Higher majorities remain required for specific innovations or changes listed under articles 1120 and 1136, which do not decrease at the second call.
What must the notice of the meeting contain to be valid?
The notice must state the date, time and place of the meeting, a specific agenda and, if a double appointment is planned, the details of the second call as well. It must be sent at least five days before the date of the first call, through a means that proves receipt, such as registered mail or certified email.
Does a quorum error always make the resolution void?
Not always: depending on the defect, the resolution may be voidable, and therefore challengeable within the thirty day period set by article 1137 of the Civil Code for absent or dissenting owners, or in more serious cases entirely null, without a decadence deadline. Minutes that precisely document the verification of shares and majorities reduce the risk of well founded disputes.
Can condominium management software help with the second call?
Yes, a platform such as AmministraPro can prepare the notice with both call dates, automatically calculate the ownership shares of attendees to verify quorum, and structure the minutes with the outcome of each vote, reducing clerical errors. Assessing which majority applies to a given resolution remains the property manager's responsibility.
Try AmministraPro
Accounting, thousandths-based cost splitting, meetings, communications and artificial intelligence in a single Italian software, compliant with UNI 10801 and GDPR.